Jeffrey R. Levinson v. Krista D. Lawrence et al. (2010)

RULING ON MOTIONS TO DISMISS BY DEFENDANT CITIMORTGAGE (# 103), INC. AND DEFENDANT KRISTA D. LAWRENCE (# 108)

The defendants, CitiMortgage, Inc., and Krista D. Lawrence, have filed separate motions to dismiss the complaint.   They allege that the plaintiff, Jeffrey R. Levinson, who is proceeding pro se, did not obtain the Clerk of Court's signature on the writ of summons in violation of Practice Book § 8-1 and that the writ of summons does not contain the required recognizance of a third party for costs.

The defendants have attached copies of the summons to their motions.   In addition, the summons is contained in the file.   It is not signed by the clerk of the court and does not contain a recognizance.

A motion to dismiss attacks the jurisdiction of the court.  Caruso v. City of Bridgeport, 285 Conn. 618, 627 (2008).   Where there is insufficient process, the court lacks personal jurisdiction and the complaint must be dismissed.   Rock Rimmon Grange No. 142, Inc. v. The Bible Speaks Ministries, Inc., 92 Conn.App. 410, 415 (2005);  Practice Book § 10-31(a)(4).

Practice Book § 8-1 provides in pertinent part that “any person proceeding without the assistance of counsel shall sign the complaint and present the complaint and proposed writ of summons to the clerk;  the clerk shall review the proposed writ of summons and, unless it is defective as to form, shall sign it.”  Practice Book § 8-4 provides in pertinent part “in all actions wherein costs may be taxed against the plaintiff, no mesne process shall be issued until the recognizance of a third party for costs has been taken, unless the authority signing the writ shall certify thereon that he or she has personal knowledge as to the financial responsibility of the plaintiff and deems it sufficient.”

Since the plaintiff has not complied with Practice Book § 8-1 or § 8-4, the court lacks jurisdiction and the case must be dismissed.   The motions to dismiss are both granted.

By the court,

Aurigemma, J.

Aurigemma, Julia L., J.